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HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State holden at Orlu presided over by Hon. Justice B. A. Njemanze delivered on 15/5/06 wherein the three Appellants were convicted for murder and sentenced to death by hanging.
The facts which led to this appeal are as follows: The Appellants amongst others were jointly charged as follows:
STATEMENT OF OFFENCE
Murder, Contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II - Laws of Eastern Nigeria 1963 as applicable to Imo State.
PARTICULARS OF OFFENCE
Inspector David Poli, Sgt. Lazarus Adiele, Cpl. Desmond Ononuju, Inspector Victor Chiaka, PC. Augustine Ochiaga, Inspector Sunday Uwadiegwu and Bonny Aikhadueki on the 15th day of August, 2002 along Orlu Road Junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma.
At the trial, PW.2 - Boniface Ozumba gave evidence that on 15/8/2002 he was travelling in his Nissan Sunny Car with…